Iowa

This panel will examine a multitude of issues involved in financing a chapter 11 exit, including the complications caused by a § 1111(b) election and plan treatment options. Feasibility issues, including balloon provisions and deed-in-lieu clauses, will also be discussed, as well as issues that arise when determining whether a plan is fair and equitable, including deferred payment clauses, interest rates, negative amortization, partial surrender of collateral, carve-outs and differing treatment of trade claims.

This panel will consider the myriad issues involving exemptions and property of the estate, including timing issues involving exemptions (In re Hageman, 388 B.R. 896 (Bankr. C.D. Ill. 2008)), dollar-value exemptions (In re Gebhart, 621 F.3d 1206 (9th Cir. 2010)), limitations on the extraterritorial effect of exemptions (In re Long, 470 B.R. 186 (Bankr. D. Kan. 2012)), non-spousal inherited IRAs (In re Clark, 714 F.3d 559 (7th Cir. 2013)), tax refunds, limited liability company membership interests and § 522(b)(3).

This panel will discuss § 1398 short-year elections, separate-entity rules, discharge of taxes, cancellation of debt income, and tax issues arising from mortgage foreclosures, modifications and abandonment.

This panel will discuss commonly negotiated clauses found in DIP loan facilities, including roll-up provisions, cross-collateral clauses, waivers of defenses and carve-out clauses. Priming might also be discussed, with an analysis of existing case law involving adequate protection, as well as suggested best practices from both the debtor’s and lender’s perspective.

Inaugural organizational meeting for this new ABI committee focusing on mediation and other ADR methods applied in the bankruptcy process, including conflict-resolution skills development, overcoming impasses, multiparty mediations, confidentiality and more. The committee will consider Model Rules for courts on the use of mediation, mediator qualifications and compensation.